318 Neb. 503
Neb.2025Background
- Marvin T. Jose Mateo filed a petition in Hall County, Nebraska, seeking to be appointed as guardian for his younger brother, Tomas J., who was already 18 years old at the time of filing.
- The petition also asked the court to make certain immigration-related factual findings under Nebraska’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) relevant to Special Immigrant Juvenile (SIJ) status.
- Tomas had entered the U.S. as a minor from Guatemala, been in Mateo’s care since 2019, and lived in Nebraska since 2022; their parents remained in Guatemala and had delegated Marvin some authority via power of attorney.
- The county court denied the guardianship petition, reasoning that Tomas, as an 18-year-old, did not need a guardian and that authority had already been adequately delegated; it refused to make SIJ factual findings.
- On appeal, Mateo argued that the county court failed to apply the proper legal standard and should have issued the requested factual findings.
- By the time of appeal, Tomas had turned 19, raising a mootness question about whether any meaningful relief could still be awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under UCCJEA for 18-year-old in guardianship | County court had jurisdiction for minor guardianship | UCCJEA does not apply as Tomas was not a “child” | UCCJEA does not govern; other NE statutes apply |
| Authority to make SIJ factual findings outside UCCJEA | County court should make SIJ findings based on NE law | No explicit statutory authority outside UCCJEA | Court declines to decide; issue is now advisory |
| Mootness of appeal due to Tomas reaching majority | Exceptions apply; merits should be addressed | Appeal is moot—no relief possible | Appeal is moot; no exceptions apply; dismissed |
| Appropriate standard for appointing a minor guardian | Court should clarify proper legal standard | Standard is clear under existing statutes | Public interest exception does not apply, decline review |
Key Cases Cited
- In re Guardianship & Conservatorship of Barnhart, 290 Neb. 314 (standard of review for guardianship errors)
- In re Guardianship of S.T., 300 Neb. 72 (jurisdiction over child custody/guardianship proceedings under the UCCJEA)
- In re Guardianship of Carlos D., 300 Neb. 646 (defining child custody and guardianship under UCCJEA)
- In re Guardianship of Luis J., 300 Neb. 659 (county court’s authority to make SIJ findings when a guardian is appointed)